Attorney General Mulilo Kabesha says the team that was tasked to negotiate with former KCM liquidator Milingo Lungu was guided to avoid the issue of offering immunity to him during the discussion.
Mr Kabesha told the Constitutional Court that the negotiating team of the Official Receiver was guided in this manner by the Solicitor General because such a request is not covered by law.
He said the team was then advised to look at possibilities of engaging the Director of Public Prosecutions (DPP) and Drug Enforcement Commission (DEC) for plea bargain which is anchored on Asset Recovery.
Mr Kabesha argued that there was no instruction given to the DPP to enter a nolle prosequi or offer immunity to Mr. Lungu.
This is according to the Affidavit in reply filed in the Constitutional Court.
Meanwhile, according to the letter filed in court, Solicitor General Marshal Muchende informed the Official Receiver that the issue of giving Mr Lungu immunity is not available.
In a letter dated January 10, 2022, Mr Muchende advised the Official Receiver to engage the DPP and DEC for plea bargain which is anchored on Asset Recovery.
In this letter Mr Muchende also informed the official receiver that Mr Lungu’s invoice will be subjected to a forensic audit to arrive on what he is supposed to be paid.
Mr Muchende was responding to a letter written to him by the Official Receiver on December 2, 2021.